davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
BEFORE JUDD c. J., M'CULLY, PRESTON AND BICK
ERToN J. j., FoRNANDER J. ABSENT.
Opinion Of ne Court By PRESTON .

EA4ON q. Jss fO1sNANDE-A ia AAsoE-NA-
Opinion Of tie Court By PRESTONJ.
1t was referred to the Master to as
certain the amount which the market
value of the estate in controversy was
enhanced by the permanent improve
ments put thereon by the defendant,
and the Master reported that after
making certain allowances and claims
of the plaintiff, there was balance
due to the defendant of $4,670.20.
On the 10th of February last, the
report came before the Chancellor for
confirmation, on the motion of the de-
PENDANT.
The plaintiff opposed the confirm
alton on various grounds, and the mat
ter was argued at length.
One of the items allowed by the
Master was four barns at 81, 900 each,
less 25 per cent for depreciation, max
ing balance of $4,000 for the barns.
The Chancellor was of opinion that
three barns only should have been al
lowed, and ordered deduction of
$1,000, leaving balance due from the
plaintiff to the defendant of S3,67O2O.
And subject to this modification con
frmed the report.
Both parties appealed.
By THE CoURT:-We regret that di-
rect evidence was not brought before
the Master as to the amount the mar
ket value of the estate was enhanced
by the improvements, the cost price
of the materials and labor employed,
being the basis upon which the calcu-
lations were made, but we agree with
the Chancellor, that in lieu of other
evidence, the cost is guide.
1t appears to us, and it is conceded,
that IN allowing a deduction of $1,000
for one barn, the Chancellor was in
error to the extent of $3.50, as he did
not allow for the 25 per cent depreci
alton allowed by the Master.
There is one other item in the
amounts allowed, namely, 500 for a
stone wall removed by the defendant
We think this amount was too little
and that $4O0 should have been al
lowed.
In other respects we see no reason
to interfere with the report or the
order of the Chancellor, and as the
parties requested the Court to make
a final order and so avoid the neces
sity of referring the matter back, we
now do so and order that the order o.
the Chancellor be modified by allow
ing the plaintiff deduction of S75(
! instead of $1,000 in respect to one
barn and allowing him an increase
for the stone wall from 500 to $500
The amount payable by the plain
tiff to the defendant and the Wood
lawn Dairy Company, his grantees
Will, therefore, be S3,620.20.
Costs of appeal to be equally
divided.
w. A. Kinney and w. A. Whiting
for plaintiff; F. NJ. Hatch for defen-
dant.
Honolulu, May 81, 1887.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
Given Up br the Doctors.

.4-"Is it possible that Mr.. Godfrey is up
and at work, and cured by so simple a
remedy?n
Il assure you it is true that he is entirely
cured, and with nothing but Hop Bitters,
and only ten days ago his doctors gave him
up and said he must die, from Kidney and
Liver troubleVill"
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
Prosecute the swindlers f! !!

II when you cal for American Hop Bitters (see
green tlrig Of dorm on the t0hite label and Dr..
S0gieS name 5loR5 IN the bottle, the vendor hands
out anything but 1blericdR Hop Bitters refuse il
and shun that vendor as YOU would viper; and
81 he has taken yoIfr money for anything else in
dict him for frsRd and sue him for damages
for the swindle, andwe will pay You literally fol
the conviction
81 For Sale by
sBoLLIsTERk CO., No .IO9 Fortst.
li47 " Honolulu,
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07

of the jury, and we cannot interfere
with it. The verdict is not palpably
against the evidence. Exceptions
overruled with costs.
S. B. Dole for plaintiff; G. Brown
and Kinney & Peterson for defen
dants.
Honolulu, May %, 1887.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
In the Supreme Court of the Hawaiian
Islands. In Equity. In Banco. April
Term, 1887.

On appeal from order of Judd Chan
cellor, confirming with notifications
Masters Report
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07

items, counsel's fees.
The defendants. --
daring the trial offered in evidence
tHs record Of prior suit between the
parties herein in which plaintiff sub
mitted to non-su1t Plaintiff OBJ
jected to the introduction of said re
cord as incompetent and inadmissi-
BILE: plaintiffs objection being over
ruled, plaintiff duly excepted. This
appears from the record to be the
only exception saved during the trial,
but seems to have been abandoned,
as it is not raised or argued here.
Therefore the only question left for
us is to consider if there is evidence
introduced at trial to support the YER
dict of the jury 1t became ques-
ton of guaRtum mer1Iit for the jury;
the breach of the contract being we'll
Established. The plaintiff after sew
eral visits of inspection, with certain
experts finally engaged the McCan-
dless Bros. to complete the well and
stop the leak. The agreement was
that if they did not stop the leak,
they would not get dollar, but if
they succeeded in stopping the leak
they. would charge what it was reason
ably worth" The jury had to find
from the evidence what it was reason
ably worth. If the agreement had
been no pay if they did not stop the
leak, and one thousand dollars if they
succeeded, the case might have as
sumed another shape. Plaintiff would
not be warranted in paying any fancy
or unreasonable price. He was pay
ingpoat money on account of defend
nts expecting to recover it from
them, and he should be as careful as
if he had been paying out money on
his own account. There would not
seem. to be much risk to McCandless
Bros, for they had before agreeing
to take the work. tried with a ''spring
tool" and found the pipe was not
down on the bedrock; and all the
witnesses agree that the leak was from
that cause, and it proved to be so.
L. L. McCandless says in his evil
dence. "We fixed it in August by
driving the pipe Is feet; it stopped
the leak entirely" He also says,
w. drove after the second day,
think it was three days driving the
pipe" J. S. McCandless says in his
evidence, aThe leak was on account
of pipe not being on bed rock. | knew
it, because on shutting the well the
leak boiled up more, and We made a
bargain to repair it." he also speaks
of testing well with spring tool,
and also that after driving pipe Il
feet they left it and the leak was
stopped, he also states that Z might
have taken seven days to taxi the rig
down and back again, for which
charge of $50 was made. The rate:
per diem for well boring rigs testified
to by witnesses vary from $50 to $50
A. Marques testifes to having HI;
well repaired and repiped by one
Festler for $500. FestIer furnishing
-4he pipe, the well being 300 feet deep
We think there is abundant ano
ample evidence to support the verdict
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
SuArerne Court of the Hawaiian ISL
ands--In Banco. April Term, 1887.
fJoHN S. McGREw VS.. BARNES AND
McCANDLEss.

BEFoRE JUDD c. j., M'cULLY j., PRESTON ].
BrcKERroN J. (FoRNANDER j.. ABsENT.)
Opinion Of the Court By BICRERT0N J.
This is an action of assumpsit tried
at the January term, 1887, Chief JUS
tice Judd, presiding; the jury in the
case rendering their verdict for plain
tbs in the sum of -Four Hundred
(S400) Dollars. The plaintiff there
upon excepted to the verdict as being
contrary to the law and the evidence.
A motion for new trial was filed and
heard. The grounds on which said
motion was made are:
Errors in law occurring during
the trial of said action to which plain
tiff excepted.
That the verdict of the jury is
against the law and the evidence.
The Court denied said motion to
which ruling of the Court the plain
tiff duly excepted, and prsys that the
same may be certified to the Supreme
Court in Banco. And the matter now
comes here on a bill Of exceptions
allowed by Chief Justice Judd.
The plaintiffs complaint sets forth
written contract, whereby the de-
PENDANTS jointly agree for the con-
sideration of sixteen hundred and
fifty dollars to sink and bore an arte-
sian well upon land of plaintiff at
Eva, Island of Oahu, and to finish it
in aAgood worlmanlike manner; that
the well was not finished in work
manlike manner, and that defendants
left it in an unfinished condition and
lNaking that by false representations
they induced plaintiff to pay them
the said sixteen hundred and fifty
dollars, that after payment of said
money plaintiff ascertained that said
well was unfinished and leaking bad
ly; that plaintiff at divers times and
places informed the defendants that
said well was not completed and re
quested them to complete the same,
but they refused to do or perform
anything further That IN conse-
quence of such refusal the plaintiff
has been compelled to lay out large
sums of money to complete the said
well and stop said leak. and has been
put to other expenses and damage IN
large sums of money, to wit: IN the
aggregate sum of twelve hundred and
seventy dollars, according to the bill
Of particulars annexed:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07

JOIN H. WooD vs.. B. f. DnLIYeHAm
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07

Some of these items were struck
out by the Court, including last two
items, counsel's fees.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07

BEFORE JUDD c. J., M'cULLY j., PRESTON J..
B1cKERToN J. (FoRNANDER j.. ABsENT.)
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
MOKOLlT;
STEAMER

McGREGOR......... Commander
VIII run to the following Ports every
alternate week.
Commencing May 16th-To Kaunakakai, Ka-
malo, Pukoo, L. haina and 0lowalu. Returning
to-Lahaina. Pukoo, Kamalo and Kaunakakai
Arriving at Honolulu Saturday a. m.
Commencing May 9th-To KaunakaSai Lanai,
kamalo, Pukoo. HGlawa, Wailau, Pelekunu and
kalaupapa. Returning to-Pukoo, Lahaina, Olo-
walu, Lahaina. Pukoo, Kamalo and Kaunakakai
Arriving at Honolulu Saturday, o. m.
Es- The Company will not be responsible
for any freight or packages unless receipted
for, nor for personal baggage unless plainly
marked. Notresponsible for money or jewelry
unless placed in charge of the Purser.
All possible care win be taken of Live Stock,
but the Company will not assume any risk of
accident.
SAM'L. G. WILDER, President;
5. B. ROSE, Secretary.
OFFICE-CornerF Fort and Queen Streets.
1854 3m
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
Chipping.
Chipping.
WILDER'S
Steamship Company
HI M II d.
It'll
-
STEAMER KINAU



Leaves Honolulu as per the following schedule
touching at Lahaina. Maalaea, Makena, Mahuk-
ona Kawaihae, Laupahoehoe, Hilo and Keauhou
Commencing on MONDAY, July 90 1886 and
on every alternate Monday, at pm, the kinau
viii make the VOLCANO TRIP, touching Kea
uhou on Wednesday morning, where horses and
carriages are waiting TO convey passengers to the
VOLCANO HOUSE Give miles in the saddle and
nine miles by carriage)
Passengers by this route will have two days and
two nights at the VOLCANO HOUSE.
TICKETS FOR THE ROUND TRIP TO THE
VOLCANO, FIFTY DOLLARS, WHICH PAYS
ALL CHARGES.
The Kinau will arrive III Honolulu Sunday
mornings.on Volcano Trips. On Hilo Trips, will
leave Honolulu on Tuesdays, and return Saturday
morning.
PASSENGERTRAINSc onnectwitt the Kinau
at Mahukona
The Kinau WILL TOUCH at Honokais and
Psauhau on dotUl trips from Hilo. for Passen-
gers, If signal is made from the shore.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-06-07
.PIMPLES TO SCROFULA.

\ UTICURA RES0LVENiT, the new Blood Puri-
~ fer, Diuretic, and Aperent, cleansss the Blood
and Precipitation Of all Impurities and Poisonous
Elements, and thus removes the CAUSE. Hence
1t cures speedily, permanently, and economically
Cutieura, the GREAT SKIN CURE q Medicinal
Jelly for external use) instantly allsys Itching and
Inflammation, clears the Skin and Scalp Of Humor1s
Sores, and Dandruf, destroys Dead Skin and Flsshs
heals Ulcers, Sores, and Diseharging Wounds, re-
stores the Hair, and beauties the Skin.
4 Cuticura Soap, an exquisite Skin Beauttner
and Toilet Requisite, prepared from CUTIcURA. y
indispensable in treating Skin Diseasess BABY Hu-
mors, Skin Blemishes, Prickly Heat, Rashess sun
burn, and Rough, Chapped, or Greasy Skin
\ Cuticura Remedies are the only real Blood
Purifiers and Skin Beautihers free from mercury,
arsenic, lead, zinc, any other mineral or yegs-
table poison whatsoever. Guaranteed absolately
pure by the Analytical Chemists Of the stais Of
Massachusetts.
Z For Sale by all retail chemists and wholesale
druggists and dealers in medicine throughout the
world. CUTIcURA, so cents per box, large boxes,
$1.O0; CUTIcURA soar, . cents; CUTICUBA SHAY-
INC SOAR, Is cents; CUTIcURA REsOLvESTs
per bottle
PREPARED BT THE
Potter Drug & Chemical Co., Boston, U.s.A.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
same

BENNINGTON MONUMENT. for the sickle.
But he did not hesitate between profit ana
patriotism. His wheat was never harvested
but be- had the satisfaction of having taken
part in the most brilliant conflict OF the
American revolution.
The battle Of Bennington wa, q blow aimed
by B%urgoyue To- capture the stores at that
place. Col Baum led the invasion. The
American forces were under Stark. Baumis
indians proved towards and ran away. The
New England troops fought hand TO hand
with tine Bun-Wickers and scaled the batter
les. While pushing on his own men Baum
vas killed This victory was won 10y tine
brave farmers of Massachusetts. New Hamp-
shire and Vermont Thirty Americans were
killed and twice as many of the enemy. The
Americans took Ga2 prisoners, two-thirds of
whom were Germans.
Coming as this battle aid after q series of
defeats calculated to depres, the hearts Of
any people. it greatly elatei our patriotic
father. and may well be- considered the turn
ing point in the great war for freedom.
The monument viii stand ON State Arms
hin. which rises 800 feet above a valley
When completed it viii Doe a shaft 30l feet
hi-h. built of dolemite, which Is a magnetism
limestone Of great durability. The base
measurement viii Doe feet and the apex .
feet. The shaft Is 20 have "a rough finish, the
stones having their natural split faces, the
whole held together with Portland cement
At the height of 200 feet there viii be am eu-
tablutme of s feet, and Is feet above that
another eutabiature r. feet square. Ihefaces
Of these eutablatures Will Doe of dressed stone,
and viii |enclcle the shaft. Below tine low
est cntahlature there are to bee opening. and
lG feet under these other openings. The door
~ entrance is to be Of heavy oak, with bronze
fittings There Will be am interior stat case
leading 90 the higher entahlature. The archi
tect. Mr. ). Philip Rim. of Boston, bias done
his best % erect "a memorial shaft which viii
give u1 suggestions OF am observatory.
The plan is furnished boy Professor John F.
Weir.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
rIGnr cRoouEr.

In the aunt for Observation-Disclosures with a
bit Of science in il. The human mind is such
a queer thing that it takes its rest in some
other kind Of work. The games provided for
the purpose Of resting it from is actual toll
are of a kind 10 make it work, though IN a
different direction.
There is the good old game Of croquet,
which in some places has had a revival this
summer. Elderly men take 10 croquet. Chill
dren like il. With this constituency. quite
outside Of the usual class Of players Of games
the young men and young w0men-croquet
cannot die. II has another peculiarly which
will keep il alive. Ii has the fa%culty'of max
ing players lose their tempers in q higher
degree than any other form Of recreation
known 10 the inhabitants Of this planet. A
game played clear through without ome
body getting full Of wrath Is not expected
one might say never happens.
Not all know that cr0quet is nearly half a
century old 1t is IA French invention. Or
binary playing cards were invented 10 please
a sick French king. Croquet was invented
by a French physician named Guyard to
amuse MS patients. He lived at Pau, which
is a well known watering place in the south
of France. From Pau it was carried TO Eng
land 10y the English visitors, and from Eng
land il came here.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
THE BENNINGTON BATTLE
And the Monument Which is to Com
mcmOratc IL.

Bennington is the Oldest town IN southern
Vermont: the most noted, too. So well dld
the l-ople thereabout like the name they
usod il on three Villages, with variations
North Bennington, Bennington Center and
Bennington. The last mentioned, the un-
modified and unqualified Bennington, has
1000 Inhabitants. It was once East Ben
nington, and before that Algiers. Benning-
ton Center was once the main village and
contained the county buildings and the state
arms house. This was a brick structure
which contained the arms and ammunition
which Baum set ont 90 destroy.
Now tine fact is that, although Bennington
makes am annual fuss and has set up a monu-
ment and otherwise carried ON enthuslas
ticaly. the famous battle was not fought on
Vermont soil. 1t was fought in Hoo-iek'
Rensselaer, county, y. y, Aug 10, III.
But j, has been a godsend % Bennington all
the same They do say that if it had.not
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26

hICHNONU, VI, August p.
To-day, market is only a repetition
of that OF several days past. sun
cured remains steady, with very many low
grades selling and very few reiectI0ns al
auction. There is much frosted on the
market, and prices are lower for such. I'm
shipping there is nothing doing. while
brights of all kinds are very dull. Curings
OF brights have been mostly successful. and
some sales in the interior markets have
been made al quite high opening prices for
new stocks. Rains have been s~uperabun-
dant.
Crenshaw's warehouse sells a big lot Of
damaged tobacco to-day.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
Tho cottaee at Mount MeGreger.

While Gen. Fairchild was in the east re-
Gently he paid q visit TO Mount M~cGregorand
entered the cottage where Grant died He
says that it is a structure large enough for
the accommodation OF a good sized family.
Ii remains il Exactly the condition in which
it was when Cen Grant died. Even the
clocks stands there with the hands resting ON
the figures where they Were stopped by Col.
Fred Grant as soon as he was told that his
father was dead. An old candle. partly
burned down, is also TO be seen resting on a
stand beside the bed-the last light that Gen.
Grant blew out before he del. The furni
ture stands around rs II was when Gen. Grant
was here-everything the M A special
cudeayor has been made 20 keep things I'M
disturbed, and there they are today, just as
the eyes Of the great general gazed upon
them for the last time.-Madison (Wisl
Journal
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
And that SANE tronhle creens into

old wnv. And that same trouble creeps into
everything. The fow who 80 10 perfection IN
any art discourage the many for whom per-
lection is not and cannOt be. The eldest
daughter goes abroad to study music and
comes home understanding II 50 well that
there is no more family singing. But Gro
quet goes on, played by the skilled a great
deal and by the unsettled a little. As soon as
n game develops "speciaiists,' players who
play it with professional cxactitude and can't
be trippcd up, it loses it, hold on those VINO
make a recreation Of 10. The experts m the
game have just been holding a tournament
at Norwich, Conn, and the fine playing seen
there was enough 10 make an ordinary per-
son'. eyes open very wide indeed.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
TIE OLD AND TIE MN.

When croquet was first introduced into
England itsNept everything beforeit. 1t went
up like a rocket, and, true to tradition, came
down like a stick. IL was the first outdoor
game in which both sexes could take part on
terms of perfect equality, and also the first
In which the old as well AZ the young could
figure. The rage for athletics was then
just reaching ito height among boys
and men. 1t was not to be won
dered at that girls and women ex-
perienced a little longing 70 do something
in outdoor sports themselves IL produced a
revolution ia English social life by making
garden parties interesting-rescuing them, in
fact, from complete stupidity. IL leveled of
the lawns and gardens, TOO. In proportion as
croquet advances 10 perfection in elaborate
ness and Science, - it becomes wearisome ana
dull. Experts scorn the game in its old time
form, and that takes the heart out Of
the few who would still like 10 play it in the
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
4 JeaIou, Husband. Crime

PITTsBrRG, "a, August 2j.-Last
night Nathan Phipps, a coal miner,
living at Wildwood, seven miles from La,
trobe, Pa, shot and MORALLY wounded
his friend, John Robb, after which he
terribly injured Mrs. Phipps by stabbing
her and breaking several Of her ribs.
Cause, jealousy.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26
Ia Margarita Cigar.

Ask for this cigar at any hotel or
saloon in town, price five cents, and
will guarantee YOU will acknowledge that
it is equal to most Of the ten-cent cigars
sold anywhere.
Insist on haring Jqlien BdJ0rd's Mr.
gaJlta Cig0r and no other.
JULIEN BINFORD,
No. 1902 Main street.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26

From healthful diversion requiring very
little skill ii evolved itself into n scientific
game Ii reached this point IN New England
i'm 1850, and mt once took rank as a game
worthy of the finest fibered brain on the At
iantic coast. Uneven lawns were made into
perfectly level, smooth aud sauded courts,
with a boundary board which checked
the rolling Of the balls just at the
edge Of the field Of play The
old. uneven wooden balls and long handled
mallets were succeeded by spheres Of harI
rubber and mallets with short handles and
rubber tipped heads. The wide arches which
had stood on the grassy lawns disappeared,
and were replaced 10y wickets so narrow that
the balls could Just be driven through with
the meerest little bit Of room 10 spare. Then
the thing called good playing was 10 be seen.
Croquet played on the scientific basis de-
ponds for its interest ON the exercise Of skill
alone, nor does il need great physical ex-
ertion. This fact keeps it popular with the el
DERBY and the lazy Of a younger generation.
A croquet court should be so feet long 10y
a. feet wide. The boards around its bound
airy should be 3 inches high, with corner
pieces is inches in length. The boundary
line should be 8 feet inside the boards. IL is
a good plan to sprinkle salt Oh the court TO
keep down the grass. The ground should
also be sprinkled and rolled quite frequently.
The wickets should be of steel set into iron
supports. They should not exceed S or 10
inches in height ord inches in width. Touna-
ment games demand so inch wickets. The
center or cage wicket is made Of two ordi
nary wickets set is inches apart and az right
angles with the others. Cage wickets must
not be more than 49, inches wide -Four balls
form IA set. They are 81 inches in diameter.
The mallet handles are from $ 20 Is inches ~
length and are frequently wound with cord.
-Four or two persons can play. When two
only play each takes two balls.
The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-08-26

Visitor to Flos>iel-And how is the baby
today. Fio,-ief
Fl0s,ie-M Mamma thinks be is q little better.
Nl,itor-TAcn he is not much betteri
Fio,s.e-No, ma'am. He couldn't be very
much better, you know, because he is such a
little biz Of u baby. -Exchauge.